47 C.F.R. Subpart U—Documents to be Maintained for Inspection
Title 47 - Telecommunication
Source: 65 FR 53621, Sept. 5, 2000, unless otherwise noted.
(a) Recordkeeping requirements. The operator of every cable television system having fewer than 1,000 subscribers is exempt from the public inspection requirements contained in §76.1701 (political file); §76.1715 (sponsorship identification); §76.1702 (EEO records available for public inspection); §76.1703 (commercial records for children's programming); §76.1704 (proof-of-performance test data); and §76.1706 (signal leakage logs and repair records). The operator of every cable television system having 1000 or more subscribers but fewer than 5000 subscribers shall, upon request, provide the information required by §76.1715 (sponsorship identification); §76.1702 (EEO records available for public inspection); §76.1703 (commercial records for children's programming); §76.1704 (proof-of-performance test data); and §76.1706 (signal leakage logs and repair records) but shall maintain for public inspection a file containing a copy of all records required to be kept by §76.1701 (political file). The operator of every cable television system having 5000 or more subscribers shall maintain for public inspection a file containing a copy of all records which are required to be kept by §76.1701 (political file); §76.1715 (sponsorship identification); §76.1702 (EEO records available for public inspection); §76.1703 (commercial records for children's programming); §76.1704 (proof-of-performance test data); and §76.1706 (signal leakage logs and repair records). (1)–(2) [Reserved] (b) Location of records. The public inspection file shall be maintained at the office which the system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber complaints, and other business or at any accessible place in the community served by the system unit(s) (such as a public registry for documents or an attorney's office). The public inspection file shall be available for public inspection at any time during regular business hours. (c) All or part of the public inspection file may be maintained in a computer database, as long as a computer terminal is made available, at the location of the file, to members of the public who wish to review the file. (d) The records specified in paragraph (a) of this section shall be retained for the period specified in §§76.1701, 76.1702, 76.1704(a), and 76.1706, respectively. (e) Reproduction of records. Copies of any material in the public inspection file shall be available for machine reproduction upon request made in person, provided the requesting party shall pay the reasonable cost of reproduction. Requests for machine copies shall be fulfilled at a location specified by the system operator, within a reasonable period of time, which in no event shall be longer than seven days. The system operator is not required to honor requests made by mail but may do so if it chooses. [65 FR 53621, Sept. 5, 2000, as amended at 66 FR 67117, Dec. 28, 2001; 67 FR 1650, Jan. 14, 2002] (a) Every cable television system shall keep and permit public inspection of a complete and orderly record (political file) of all requests for cablecast time made by or on behalf of a candidate for public office, together with an appropriate notation showing the disposition made by the system of such requests, and the charges made, if any, if the request is granted. The “disposition” includes the schedule of time purchased, when spots actually aired, the rates charged, and the classes of time purchased. (b) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file. (c) All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances. (d) Where origination cablecasting material is a political matter or matter involving the discussion of a controversial issue of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying for or furnishing the matter, the system operator shall, in addition to making the announcement required by §76.1616(a), require that a list of the chief executive officers or members of the executive committee or of the board of directors of the corporation, committee, association or other unincorporated group, or other entity shall be made available for public inspection at the local office of the system. Such lists shall be kept and made available for a period of two years. (a) Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to §76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the date that the unit's EEO program annual report is due to be filed and shall be retained for a period of five years. The file shall be maintained at the central office and at every location with six or more full-time employees. A headquarters employment unit file and a file containing a consolidated set of all documents pertaining to the other employment units of a multichannel video programming distributor that operates multiple units shall be maintained at the central office of the headquarters employment unit. The multichannel video programming distributor shall provide reasonable accommodation at these locations for undisturbed inspection of its equal employment opportunity records by members of the public during regular business hours. (b) The following equal employment opportunity program information shall be included annually in the unit's public file, and on the unit's web site, if it has one, at the time of the filing of its FCC Form 396–C: (1) A list of all full-time vacancies filled by the multichannel video programming distributor employment unit during the preceding year, identified by job title; (2) For each such vacancy, the recruitment source(s) utilized to fill the vacancy (including, if applicable, organizations entitled to notification pursuant to §76.75(b)(1)(ii) of this section, which should be separately identified), identified by name, address, contact person and telephone number; (3) The recruitment source that referred the hiree for each full-time vacancy during the preceding year; (4) Data reflecting the total number of persons interviewed for full-time vacancies during the preceding year and the total number of interviewees referred by each recruitment source utilized in connection with such vacancies; and (5) A list and brief description of the initiatives undertaken pursuant to §76.75(b)(2) during the preceding year, if applicable. [68 FR 693, Jan. 7, 2003] Cable operators airing children's programming must maintain records sufficient to verify compliance with §76.225 and make such records available to the public. Such records must be maintained for a period sufficient to cover the limitations period specified in 47 U.S.C. 503(b)(6)(B). (a) The proof of performance tests required by §76.601 shall be maintained on file at the operator's local business office for at least five years. The test data shall be made available for inspection by the Commission or the local franchiser, upon request. (b) The provisions of paragraph (a) of this section shall not apply to any cable television system having fewer than 1,000 subscribers, subject to the requirements of §76.601(d). Note to §76.1704: If a signal leakage log is being used to meet proof of performance test recordkeeping requirements in accordance with §76.601, such a log must be retained for the period specified in §76.601(d).
Title 47: Telecommunication
PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
Subpart U—Documents to be Maintained for Inspection
§ 76.1700 Records to be maintained by cable system operators.
§ 76.1701 Political file.
§ 76.1702 Equal employment opportunity.
§ 76.1703 Commercial records on children's programs.
§ 76.1704 Proof-of-performance test data.
§ 76.1705 Performance tests (channels delivered).
The operator of each cable television system shall maintain at its local office a current listing of the cable television channels which that system delivers to its subscribers.
§ 76.1706 Signal leakage logs and repair records.
Cable operators shall maintain a log showing the date and location of each leakage source identified pursuant to §76.614, the date on which the leakage was repaired, and the probable cause of the leakage. The log shall be kept on file for a period of two years and shall be made available to authorized representatives of the Commission upon request.
Note to §76.1705: If a signal leakage log is being used to meet proof of performance test recordkeeping requirements in accordance with §76.601, such a log must be retained for the period specified in §76.601(d).
§ 76.1707 Leased access.
If a cable operator adopts and enforces a written policy regarding indecent leased access programming pursuant to §76.701, such a policy will be considered published pursuant to that rule by inclusion of the written policy in the operator's public inspection file.
§ 76.1708 Principal headend.
(a) The operator of every cable television system shall maintain for public inspection the designation and location of its principal headend. If an operator changes the designation of its principal headend, that new designation must be included in its public file.
(b) Such records must be maintained in accordance with the provisions of §76.1700(b).
§ 76.1709 Availability of signals.
(a) Effective June 17, 1993, the operator of every cable television system shall maintain for public inspection a file containing a list of all broadcast television stations carried by its system in fulfillment of the must-carry requirements pursuant to §76.56. Such list shall include the call sign, community of license, broadcast channel number, cable channel number, and in the case of a noncommercial educational broadcast station, whether that station was carried by the cable system on March 29, 1990.
(b) Such records must be maintained in accordance with the provisions of §76.1700(b).
(c) A cable operator shall respond in writing within 30 days to any written request by any person for the identification of the signals carried on its system in fulfillment of the requirements of §76.56.
§ 76.1710 Operator interests in video programming.
(a) Cable operators are required to maintain records in their public file for a period of three years regarding the nature and extent of their attributable interests in all video programming services as well as information regarding their carriage of such vertically integrated video programming services on cable systems in which they have an attributable interest. These records must be made available to local franchise authorities, the Commission, or members of the public on reasonable notice and during regular business hours.
(b) “Attributable interest” shall be defined by reference to the criteria set forth in the Notes to §76.501.
§ 76.1711 Emergency alert system (EAS) tests and activation.
Every cable system of 1,000 or more subscribers shall keep a record of each test and activation of the Emergency Alert System (EAS) procedures pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. These records shall be kept for three years.
§ 76.1712 Open video system (OVS) requests for carriage.
An open video system operator shall maintain a file of qualified video programming providers who have requested carriage or additional carriage since the previous allocation of capacity. Information regarding how a video programming provider should apply for carriage must be made available upon request.
Note 1 to §76.1712: An open video system operator will not be required to comply with the regulations contained in this section if there is no open capacity to be allocated at the end of the three year period described in §76.1503(c)(2)(ii).
§ 76.1713 Complaint resolution.
Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered. Aggregate data based upon these complaints shall be made available for inspection by the Commission and franchising authorities, upon request. These records shall be maintained for at least a one-year period.
Note 1 to §76.1713: Prior to being referred to the Commission, complaints from subscribers about the quality of the television signal delivered must be referred to the local franchising authority and the cable system operator.
§ 76.1714 FCC rules and regulations.
(a) The operator of a cable television system shall have a current copy of part 76 and, if subject to the Emergency Alert System (EAS) rules contained in part 11 of this chapter, an EAS Operating Handbook, and is expected to be familiar with the rules governing cable television systems and the EAS. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at nominal cost. Copies of the EAS Operating Handbook may be obtained from the Commission's EAS staff, in Washington, DC.
(b) The provisions of paragraph (a) of this section are not applicable to any cable television system serving fewer than 1000 subscribers.
(c) The licensee of a cable television relay station (CARS) shall have a current copy of part 78 of this chapter, and, in cases where aeronautical obstruction markings of antennas is required, part 17 of this chapter shall be available for use by the operator in charge. Both the licensee and the operator or operators responsible for the proper operation of the station are expected to be familiar with the rules governing cable television relay stations. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at nominal cost.
§ 76.1715 Sponsorship identification.
Whenever sponsorship announcements are omitted pursuant to §76.1615(f) of subpart T, the cable television system operator shall observe the following conditions:
(a) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser;
(b) Make this list available to members of the public who have a legitimate interest in obtaining the information contained in the list.
§ 76.1716 Subscriber records and public inspection file.
The operator of a cable television system shall make the system, its public inspection file, and its records of subscribers available for inspection upon request by an authorized representative of the Commission at any reasonable hour.
§ 76.1717 Compliance with technical standards.
Each system operator shall be prepared to show, on request by an authorized representative of the Commission or the local franchising authority, that the system does, in fact, comply with the technical standards rules in part 76, subpart K.
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